Direct Consignment Rule

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📖 Detailed Explanation

The direct consignment rule is an important institution within rules of origin, meaning that originating goods of a beneficiary country must be transported directly from the beneficiary country to the granting country in order to enjoy preferential tariff treatment. Its core purpose is to prevent goods from undergoing substantial processing or repackaging in a third country to circumvent rules of origin. Its application scenarios mainly include origin determination under the Generalized System of Preferences (GSP), Free Trade Agreements (FTAs), and various preferential trade arrangements. Points to note: if goods are transshipped through a third country, they must satisfy conditions such as 'not entering trade or consumption in the third country,' 'undergoing only necessary operations such as loading, unloading, and repacking,' and 'remaining under customs supervision'; otherwise, preferential eligibility may be revoked. Unlike the 'substantial transformation' rule, the direct consignment rule focuses on the logistics route rather than the processing process; unlike the 'origin cumulation' rule, the latter allows the use of originating materials from other member countries, while the former emphasizes the directness of transportation. Foreign trade practitioners need to retain customs certificates from the transit place and the full set of bills of lading to prove compliance with the direct consignment requirement.

📝 Examples

1. Under the China-ASEAN Free Trade Agreement, the Thai-origin fruit we export must be shipped directly from Bangkok to Shanghai. If it is transshipped via Singapore, a certificate from Singapore customs confirming that it was not further processed must be provided; otherwise, the agreement tariff rate cannot be enjoyed. (Note: During transit, it must be proven that only loading and unloading occurred and that the goods did not enter trade.) 2. For the textiles we imported from Vietnam, because no customs supervision certificate from Hong Kong customs was obtained when the cargo was transshipped in Hong Kong, customs determined that it did not comply with the direct consignment rule, and tariffs were ultimately retroactively collected. (Note: The lack of a transit-place certificate will result in loss of preferential eligibility.)

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